FINAL
Present for the Conservation Commission and attending the meeting were: Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Joan Malkin, Chris Murphy and Chuck Hodgkinson. Jim Malkin, Tim Carroll, Warren Doty, Josh Kochin, John Armstrong and Bart Thorpe also attended. Wesley Cottle, Pam Goff, Bob Hungerford and Maureen Eisner were absent.
The meeting came to order at 12:31 PM.
NOI SE 12 - 730; TIM CARROLL FOR THE TOWN OF CHILMARK; 30 Boathouse Rd. and 61 Basin Road; Maps 27.1 and 21 Lots 228, 230 and 1,3: Ms. Broyard opened the public hearing at 12:32 PM. Mr. Carroll reviewed the plans to construct a series of floating docks approximately 120 feet long with an 8.5’ X 10’ platform and 40-foot long aluminum gangway. The system will be located on Menemsha Creek and require 2 greenheart and 7 additional steel spiles that will disturb approximately 21 sq. ft. of Land Under Waterbodies and Waterways. A 395 ft. long by 8 ft. wide section along the east edge of Basin Road leading to the public beach will be graded to provide a 5 ft.-wide pedestrian walking path. The path may be maintained with a seasonal boardwalk made of planks
and rope to ease pedestrian use. An approximate 800 sq. ft. area will be planted with Rosa Rugosa and/or beach grass to help contain erosion along the section abutting Menemsha parking lot. The walkway is approximately 87 feet from Menemsha Basin and outside the 100-foot buffer zone of the Vineyard Sound shoreline.
Mr. Carroll explained the walkway will require approximately 19 feet of the sand dune closest to the beach to be excavated. The removed material will be returned to the beach. There was much discussion about the need for a rope barrier along the east side of the walkway and the need for a more detailed landscape plan. Mr. Armstrong said he thinks a boardwalk will be needed to stabilize the surface – especially for ADA requirements. Mr. Carroll assured the Commission that the Town’s walkway will be ADA compliant.
Mr. Carroll explained how the proposed floating docks are the last phase of the dock improvement plan that was funded by the Governor’s Seaport Grant program. Chuck H. read the comments from the DEP and Division of Marine Fisheries for the record.
With no further public comment a motion was made to close the hearing at 1:02 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plans as presented with the following special conditions: 1. A detailed walkway landscaping plan shall be approved by the Commission for areas requiring significant grading before work begins. 2. A 300 foot long rope fence shall be installed between the walking path and the salt marsh and dunes to the east to prevent walking in the resource areas. 3. All construction debris for the new docks shall be removed from the site daily or stored daily in a covered dumpster. The motion was seconded and with no discussion passed unanimosuly with four in favor.
DISCUSSION ENFORCEMENT ORDER ISSUED 2/6/15 TO MATTHEW LICHTENBERG AND LEONARD BLUM, TRUSTEES; THE PASTURE WAY REALTY TRUST; 14 Marjo’s Way; AP 27-2: Chuck H. explained that while surveying the clearing and re-landscape plan for the Enforcement Order issued to Stephen Merkel a new area of clearing in the buffer zone of a Bordering Vegetated Wetland was identified on Map 27 Lot 2. The newly cleared area is approximately 4,280 sq. ft. all of which is within the 100-foot buffer zone. The surveyed site plan and photos were reviewed. Mr. Thorpe said he did not mow the cleared area. He just cleaned up the debris from Mr. Merkel’s clearing on his land. The Commission pointed out the additional clearing is still on his land and he is responsible and accountable—even if he did not
do the un-permitted clearing. Mr. Thorpe also said he does not want Mr. Merkel planting anything on his property. The Commission explained the vegetation plan was approved to restore the wetland and buffer zone clearing done on Mr. Thorpe’s land. If he does not want Mr. Merkel to do it Mr. Thorpe will need to pay for the restoration.
After further discussion it was agreed to postpone the discussion until a site visit can be made – now that the snow is gone – and resolve the issue at the April 1 meeting.
SUBDIVISION PLAN FRANK SICA AND JAMES AUSTIN; 86 and 100 Gosnold’s Way; Map 14 Lots 29.1 and 29.2: Chuck H. explained he received a subdivision site plan and the Planning Board is seeking the Commission’s comments. The new owners are re-submitting this subdivision to the Planning Board to have the covenants removed from the original subdivision approved in 1991. The linen was never filed at the Registry of Deeds which means it is not in effect. The lots are within NHESP Priority Habitats of Rare Species jurisdiction.
After reviewing the Planning Board’s deed covenant that was required in the 1991 subdivision the Commission agreed to comment as follows: 1. Based upon the comments from TTOR in 1991 the covenants seem reasonable as the 1991 Planning Board ultimately decided.~ 2. The Commission also suggests having any development plans submitted to the Natural Heritage and Endangered Species Program (NHESP) for review and comment before a Building Permit is obtained.
DICSUSSION JOSH KOCHIN FOR ADAM ZOIA; SE 12 – 604; AP 33-118: Mr. Kochin thanked the Commission for its time and explained he would like to have permission to remove the remaining bamboo stand on the fresh water pond’s shoreline with a mini-bobcat – instead of by hand. He said hand removal is not as effective because of the vast root structure. He added if the slope is too steep he will remove those sections by hand. After brief discussion a motion was made to approve the request with the condition that a silt fence shall be installed on the landward side of the pond shoreline and maintained until the re-vegetation is established. The motion was seconded and approved unanimously with four in favor.
ADMINISTRATION:
Review of the March 4, 2015 meeting minutes was deferred to the next meeting. The following document was signed: Order of Conditions Town of Chilmark; Map 21 Lots 1, 3 Map 27.1 Lots 228, 230.
The next meeting will be Wednesday, April 1, 2015 @ 12:30 PM.
With no further business to discuss the meeting adjourned at 2:25 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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